Rear ended by a car that claims they got hit

by Laura
(San diego)

I was stopped at a red light then got hit by a car that claims she got hit and the car behind her left.

We both have farmers insurance and she has no damage to her car, even though they agree I'm zero percent fault they expect me to pay the deductible.

Shouldn't the car that hit me be responsible for my damages?


Answer:


No. The vehicle behind you is only liable to you if they were negligent in anyway.

If she was pushed into you at a red light, there is not much she can do to avoid this situation. Her negligence on the accident may be 0%.

Of course, the question here is one of credibility. You did not see a third vehicle? How many impacts did you feel?

You say she as not damages to her car? How can she be pushed into your vehicle, causing damages to the front of her car and yours, but not have any damage the her rear?

The insurance company will have to make an investigation and if they decide that there was no third vehicle, then they will have to pay for your damages. If however, they believe that there as a third vehicle, then she will likely not be liable and your collision coverage will have to pay for your damages.

Good Luck,
http://www.auto-insurance-claim-advice.com/